AUBAINE, in the French Customs, the act of inheriting after a Foreigner, who dies in a Country where he is not naturalized. The Word is form’d of aubain, a Foreigner; which Menage derives further from the Latin, Alibi natus; Cujas, from Advena; du Cange from Albanus, a Scot, or Frisian; by reason these were anciently much given to travelling and living abroad. The King of France, by the right of Aubaine, claims the Inheritance of all Foreigners in his Dominions; exclusive of all other Lords, and even of any Testament the deceased could make. An Ambassador, though not naturalized, is not subject to the right of Aubaine. The Swiss, Savoyards, Scots, and Portuguese are also exempted from the Aubaine, as being reputed Natives and Regnicoles.
